Amendments to the Regulated Health Professions Act Bill 179

Bill 179 received Royal Assent on December 15, 2009. The Bill updates a number of Acts and provides further amendments to RHPA (in addition to those RHPA amendments which came into force on June 4, 2009). To review the RHPA, please go to:

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_91r18_e.htm#BK50

Please note that in relation to professional liability insurance, the RHPA now requires members to hold professional liability insurance in the form set out by College By-law. Failure to hold insurance will now be a professional misconduct referable to discipline, whereas previously a member was only suspended until they obtained coverage.

The amendments also provide a mechanism for the government to appoint a College supervisor to take over the affairs of both a College Council and the Registrar, if it so deems in relation to factors now set out in the RHPA.

If you have printed versions of the RHPA and Health Professions Procedural Code, please ensure you have the most up to date version, obtainable through the link above, or ensure that you refer to the Act and Code through the e-laws website.

The specific text of the RHPA amendments is as follows:

Regulated Health Professions Act, 1991

24. (1) Clauses 5 (1) (c) and (d) of the Regulated Health Professions Act, 1991 are repealed and the following substituted:

(c) require a Council to make, amend or revoke a regulation under a health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act ;

(d) require a Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act, the health profession Acts, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act .

(2) The Act is amended by adding the following section:

College supervisor

5.0.1 (1) The Lieutenant Governor in Council may appoint a person as a College supervisor, on the recommendation of the Minister, where the Minister considers it appropriate or necessary and where, in the Minister’s opinion, a Council has not complied with a requirement under subsection 5 (1).

Factors to be considered

(2) In deciding whether to make a recommendation under subsection (1), the Minister may consider any matter he or she considers relevant, including, without limiting the generality of the foregoing,

(a) the quality of the administration and management, including financial management, of the College; (b) the administration of this Act or the health profession Act as they relate to the health profession; and

1(c) the performance of other duties and powers imposed on the College, the Council, the committees of the College, or persons employed, retained or appointed to administer this Act, the health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act .

Notice

(3) At least 30 days before recommending to the Lieutenant Governor in Council that a College supervisor be appointed, the Minister shall give the College a notice of his or her intention to make the recommendation and in the notice advise the College that it may make written submissions to the Minister.

Review of submissions

(4) The Minister shall review any submissions made by the College and if the Minister makes a recommendation to the Lieutenant Governor in Council to appoint a College supervisor, the Minister shall provide the College’s submissions, if any, to the Lieutenant Governor in Council.

Term of office

(5) The appointment of a College supervisor is valid until terminated by order of the Lieutenant Governor in Council.

Powers of College supervisor

(6) Unless the appointment provides otherwise, a College supervisor has the exclusive right to exercise all the powers of a Council and every person employed, retained or appointed for the purposes of the administration of this Act, a health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act.

Same

(7) The Lieutenant Governor in Council may specify the powers and duties of a College supervisor appointed under this section and the terms and conditions governing those powers and duties.

Additional powers of College supervisor

(8) If, under the order of the Lieutenant Governor in Council, the Council continues to have the right to act respecting any matters, any such act of Council is valid only if approved in writing by the College supervisor.

Right of access

(9) A College supervisor has the same rights as a Council and the Registrar in respect of the documents, records and information of the College.

Report to Minister

(10) A College supervisor shall report to the Minister as required by the Minister.

Minister’s directions

(11) The Minister may issue one or more directions to a College supervisor regarding any matter within the jurisdiction of the supervisor, or amend a direction.

Directions to be followed

(12) A College supervisor shall carry out every direction of the Minister. (3) Section 6 of the Act is amended by adding the following subsections: Additional audits

(7) The College and the Advisory Council shall be subject, at any time, to any other audits relating to any aspect of its affairs as the Minister may determine to be appropriate, conducted by an auditor appointed by or acceptable to the Minister.

Auditor to submit results

(8) The auditor shall submit the results of any audit performed under subsection (7) to the Minister and the College.

(4) Section 11 of the Act is repealed and the following substituted:

Duties of the Advisory Council

11. (1) The Advisory Council’s duties are to advise the Minister and no other person on any issue from the matters described in clauses (2) (a) to (f), but only if the Minister decides to refer the issue to the Advisory Council in writing, seeking its advice, and in no other circumstances.

Matters that may be referred

(2) The matters that the Minister may refer to the Advisory Council are,

(a) whether unregulated professions should be regulated;

(b) whether regulated professions should no longer be regulated;

(c) suggested amendments to this Act, a health profession Act or a regulation under any of those Acts and suggested regulations under any of those Acts;

(d) matters concerning the quality assurance programs undertaken by Colleges; (e) each College’s patient relations program and its effectiveness; and

(f) any matter the Minister considers desirable to refer to the Advisory Council relating to the regulation of the health professions.

(5) Section 12 of the Act is repealed and the following substituted: Referrals to the Advisory Council

12. (1) The Minister may refer any issue within the matters described in clauses 11 (2) (a) to (e) to the Advisory Council that a Council or person asks the Minister to refer, and the Minister may refer any other issue to the Advisory Council that the Minister determines is appropriate.

Advice for Minister only

(2) Unless the Minister or this Act provides otherwise, the Advisory Council shall provide its advice to the Minister and no other person, and shall not provide advice on any issue other than the issue referred to it by the Minister.

Form and manner

(3) If the Minister refers an issue to the Advisory Council for advice, the Advisory Council shall provide its advice to the Minister only in the form and manner specified by the Minister.

(6) The Act is amended by adding the following section: Psychotherapist title

33.1 (1) Despite section 8 of the Psychotherapy Act, 2007, a person who holds a certificate of registration authorizing him or her to perform the controlled act of psychotherapy and is a member of one of the following Colleges may use the title “psychotherapist” if he or she complies with the conditions in subsections (2), (3) and (4):

1. The College of Nurses of Ontario. 2. The College of Occupational Therapists of Ontario. 3. The College of Physicians and Surgeons of Ontario. 4. The College of Psychologists of Ontario.

Oral identification

(2) A person mentioned in subsection (1) shall not describe himself or herself orally as a “psychotherapist” to any person unless the member also mentions the full name of the College where he or she is a member and identifies himself or herself as a member of that College or identifies himself or herself using the title restricted to those who are members of the health profession to which the member belongs.

Written identification

(3) A person mentioned in subsection (1) shall not use the title “psychotherapist” in writing in a way that identifies the member as a psychotherapist on a name tag, business card or any document, unless the member sets out his or her full name in writing, immediately followed by at least one of the following, followed in turn by “psychotherapist”:

1. The full name of the College where he or she is a member. 2. The name of the health profession that the member practises.

3. The restricted title that the member may use under the health profession Act governing the member’s profession.

In accordance with regulations

(4) A person mentioned in subsection (1) shall use the title “psychotherapist” in accordance with the regulations made under subsection (5).

Regulations

(5) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council of a College mentioned in paragraphs 1 to 4 of subsection (1) may make regulations governing the use of title “psychotherapist” by members of the College.

(7) Subsection 36.1 (2) of the Act is repealed and the following substituted:

Unique identifiers

(2) A unique identifier shall be assigned by the Minister or a person designated by the Minister for each member of a College from whom information is collected under subsection (1).

Form and manner

(2.1) The unique identifier shall be in the form and manner specified by the Minister.

(8) Section 38 of the Act is amended by striking out “the Minister, an employee” and substituting “the Minister, a College supervisor appointed under section 5.0.1 or his or her staff, an employee”.

(9) The Act is amended by adding the following section:

Expert committees

43.2 The Lieutenant Governor in Council may make regulations,

(a) establishing one or more expert committees for the purposes of this Act, the Code and health profession Acts;

(b) specifying the functions, duties, powers and membership of a an expert committee;

(c) requiring an expert committee to provide reports and information to the Minister and providing for the content of such reports and information;

(d) requiring information to be provided by a College or Council to an expert committee, and governing the content of the information and the form and manner and time within which the information is to be provided to the committee.

(10) The definition of “incapacitated” in subsection 1 (1) of Schedule 2 to the Act is amended by striking out “member’s practice” and substituting “member’s certificate of registration”.

(11) Subsection 3 (1) of Schedule 2 to the Act is amended by adding the following paragraph:

4.1 To develop, in collaboration and consultation with other Colleges, standards of knowledge, skill and judgment relating to the performance of controlled acts common among health professions to enhance interprofessional collaboration, while respecting the unique character of individual health professions and their members.

(12) Section 10 of Schedule 2 to the Act is amended by adding the following subsection:

Same

(1.2) Where a regulation made under the Regulated Health Professions Act, 1991 or a health profession Act that was made before the coming into force of subsection 21 (1) of Schedule M to the Health System

Improvements Act, 2007 refers to the Complaints Committee, the reference shall be deemed to be to the Inquiries, Complaints and Reports Committee.

(13) Schedule 2 to the Act is amended by adding the following section:

Professional liability insurance

13.1 (1) No member of a College in Ontario shall engage in the practice of the health profession unless he or she is personally insured against professional liability under a professional liability insurance policy or belongs to a specified association that provides the member with personal protection against professional liability.

Insurance requirements

(2) A member mentioned in subsection (1) shall comply with the requirements respecting professional liability insurance or protection against professional liability specified by the College and prescribed in the regulations made under the health profession Act governing the member’s health profession or set out in the by-laws.

Professional misconduct

(3) In addition to the grounds set out in subsection 51 (1), a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member fails to comply with subsection (1) or (2).

(14) Clause 80.1 (a) of Schedule 2 to the Act is amended by adding the following subclause: (i.1) promote interprofessional collaboration,

(15) Subsection 85.6.1 (1) of Schedule 2 to the Act is amended by adding “with the Registrar” after “in writing”.

(16) Subsection 85.6.2 (1) of Schedule 2 to the Act is amended by adding “with the Registrar” after “in writing”.

(17) Subsection 93 (1) of Schedule 2 to the Act is amended by striking out the portion before clause (a) and substituting the following:

Offences

(1) Every person who contravenes an order made under subsection 7 (3) or section 45 or 47, or who contravenes subsection 76 (3), 82 (2) or (3), 85.2 (1), 85.5 (1) or (2) or 85.14 (2) or section 92.1 is guilty of an offence and on conviction is liable,